87-1127 WHITE - CITV CLEPK
PINK -�FINI�� " ��� COUnC1I �` � /
CANARV - f` - fMENT GITY OF SAINT PAUL File N0. � �0� �
Ci� _�ny/JTH , ,
,Cou �l Resolution r - -�
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Presented By
Referred To Committee: Date
'Out of Committee By Date
REAL ESTATE APPRAISAL DATA POLICY
WHEREAS , by Resolution Council File No . 262849 adopted
December 28 , 1973 , the Council of the City of Saint Paul apnroved
, a policy making public real estate acquisition appraisals which
Resolution was codified as Chapter A-5 to the Appendix, Saint
Paul Administrative Code; and
WHEREAS , by Chapter 311 , Laws of Minnesota 1981 , Section 39,
the Legislature of the State of Minnesota enacted a statute
� governing classification of real estate appraisals made by
personnel of the City or independent appraisers acting for the
City as a political subdivision of the State of r�innesota which
' statute was codified under the Government Data Practices Act as
Section 13 . 50, Minnesota Statutes ; and
' WHEREAS , Chapter A-5 , Appendix, Saint Paul Administrative
Code and Section 13 . 50, Minnesota Statutes contain inconsistent
provisions , and it is desireable that City policy be brought
' into and remain in conformity with State Statute ; now therefore,
be it
' RESOLVED by the Council of the City of Saint Paul as follows :
1 . That estimated or anpraised values of individual
parcels of real property which are made by
personnel of the City of Saint Paul or by inde-
pendent appraisers acting for the City for the
nurpose of acquiring land through purchase or
COGINCILMEN Requested y partment of
Yeas preW Nays
Nicosia Offi of the torne
Rettman [n Favor
SCheibel
Sonnen __ AgalllSt BY
Tsdesco
Wilson
Form A by City tor
Adopted by Council: Date
�
Certified P�assed by Council Secretary BY
By�
Approved Hy :Vlavor. Date _ Appro e Mayo r ' sion to Council
BY - – — �J'r'-J"�'
I
WHITE - CITV CLERK
PINK - FINANC£ GITY OF SAINT PALTL Council /�/� . I�
CANARV - DEPARTMENT File NO• �+ �� //`^ �
BL�'�E y�MAV pR
'ti► �1�!'
� � Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
-2-
condemnation shall be confidential data on individuals
within the meaning of Section 13 . 02 , Subdivision 3 of
Minnesota Statutes 1986 .
2. That appraisals and appraisal data made confi.dential
by provision of Paragraph l , above, shall become
public upon the occurrence of any of the fol.lowing :
(a) the negotiating parties exchange appraisals ;
(b) the data are submitted to a Court appointed
Condemnation Commission;
(c) the data are presented in Court in condemnation
proceedings ; or
(d) the negotiating parties enter into an agreement
for the purchase and sale of the property.
3 . That any future amendment of Section 13 .50 Minnesota
Statutes 1986 by the Minnesota Legislature shall become
City policy, it being the intent of the City Council
that the City policy remain in conformity with State law.
4. That Resolution Council File No . 262849 is hereby rescinded
and that Paragraphs l, 2 and 3 above be codified as
Chanter A-5 , Appendix, Saint Paul Administrative Code under
the title, "Real Estate Anpraisal Data Policy. "
COUNCILMEN Requested by Department of:
Yeas Drew Nays
Nicosia � [n Favor
Rettman
Scheibel
Sonnen � __ Against BY
NC��a 3edeSC6'
Wilson AUG 5 • �"�
Form Approved by City Att9rney
Adopted by Council: Date /
��v
Certified Vassed il Secr y BY �
By
, �
Approv Ylavor: Date �-�–���� Approved Mayor S issi to Council
,�i
BY - —
PUB�LtSH�D A U G 1 5 1987 "
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o DEPARTMENT / �`, N� _ O5S99
CONTACT
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� PHQNE
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ASSIGN N ER FOR RO.UTING ORDER C1i All Locati ns for Si nature :
Depa tment Director ' � Director of Management�Mayar
T Fina e and Management Services Directar � 3 City Clerk
Budge ; .Oirector �
� City ttorney
WHAT WILL BE ACHIEYED BY TAKING ACTION ON THE ATT CHED MATERIALS? (Purpose/
� Rationale) :
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COST BENEF T BUDGETARY AND PERSONNEL IMPACTS ANTI IPATED: �UL 2 2�987
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EINANCING S URCE AND BUDGET ACTIVITY NUI�ER �CHARGED R CREDITED: (Mayor's signa-
ture not re-
Total Amo nt of'Transaction: ^- quired if under
I � $10,000)
Funding S u.rce: _,- �,
Activity umber: • 'i _
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ATTACHMENTS List and Number All Attachments : '
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DEPARTMENT REV EW CITY ATTORNEY REYIEW
� Yes No uncil Resolution Required? ' Resolution Required? �Yes No
Yes No nsurance Required? Insurance Sufficient? �s No
Yes No nsurance Attached:
� (SEf •REVERSE SIDE FOR INSTRUC IONS) �
Revised 12J84
' ' ' r ,� Ci�--�:.7_/r;�'��
°s��"u`m`°v CITY OF SAINT PAUL
rs. �,T, �.
3�0� 7���
�� _: OFFICE OF 7HE CITY ATTORNEY
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`';� �!�!L�1�J �;� EDWARD P. STARR, CITY ATTORNEY
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"`���,',.��°',����''� 647 City Hall, Saint Paul. Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
July 21 , 1987
President and Members of the City Council
c/o City Clerk
386 City Hall
Saint Paul , MN 55102
Re: Policymaking Public Real Estate Acquisition Appraisals
Appendix Chapter A-5
Saint Paul Rdministrative Code
Dear Councilmembers:
The City policy regarding disclosure of real estate appraisals
is inconsistent with Section 13. 50 of Minnesota Statutes in
requiring disclosure of the City appraisal at the time a property
owner is first contacted by the City to sell and by allowing
public access to the appraisal from the time of such contact.
Section 13. 50 provides that appraisals are confidential until--
(a) the parties exchange appraisals ;
(b) the appraisal date is submitted to a condemnation commission,
or
(c) a court in condemnation proceedings ; or
(d) the parties enter an agreement for the purchase and sale
of the property;
when the appraisals become public data.
Since enactment of Section 13. 50 in 1981 , the Valuation Division
and this office have followed the statute , which is controlling.
Both the Valuation Division and the City Attorney' s Office believe
that the formal City policy should be brought into conformity
with the statute. The enclosed draft Resolution would accomplish
this.
Yo s very tru y,
,--' T
A,, S T. HART
sistant City Attorney
cc : Ed Warn
Valuations Engineer
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CITY OF SAINT PAUL ��CGI V a:.�
INTERDEPARTMENTAL MEMORANDUM
JUL N 1987
�i�Yl� ����,!�p��.`'�
To : James T. Hart
Assistant City Attorney
From : Edward J . Warn
Valuation and Assess nt Engineer
Date: July 1 , 1g87
Re : CI?Y POLICY: STATUS OF REAL ESTATE APPRAISALS
I have reviewed the subject draft and discussed it with Bill before
he left. I concur with your recommendation and request you prepare
the final resolution .
EJW:dm
Attach . (Copy of draft resolution entitled REAL ESTATE APPRAISAL
DATA POLICY)
cc : Dave
Pete
Roxanna
(CPREAPPRAISALS)
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I APP. A-5
• ADMINISTRATIVE CODE
CHAPTEftA-5.KEAL ESTATE PUR.CHASES—APPRAISALS
MADE PUBLIC
' WHEREAS, Under the current procedures followed by the City of
St.Paul in acquisition of property,the Valuation Bureau of the Fi-
nance and Management Services Department has retained
custody of appraisals and maintains that these documents are of
, confidential status, and
� WHEREAS, It is the view of the City Council of St. Paul that this
proceduie is not in the public interest or the pubiic's right to know
and have access to public records and documents maintained or
, acquired prior to the completion of negotiation and purchase by
the City of St. Paul of owner-occupied residential properties, and
WHEREAS,It has not been demonstrated harm would result to the
City of St. Paul by making these appraisals public,and any poten-
: tial }iarm that may result to the City is far outweighed by the
� public's right to know, and
� WHEREAS,The City Council recognizes that when it is taking pri-
vate property, many times from unwilling sellers, every effort
must be made to insure that the private property owner receives
full and fair market value for his property and knowing details of
_ appraisals will help achieve this goal, and
.�
WHEREAS,Unlike private parties engaged in a real estate transac-
tion when both parties try to arrive at a price favorable to them-
"`` selves, government units do not have this same right but must do
all possible to see that the private party receives full and fair
market value with the benefit of full and complete information;
THEREFORE BE IT RESOLVED,That real estate appraisals pro-
cured on behalf of the City of St.Paul incident to land acquisition
of owner-occupied residential properties be made available for
public inspection and review at the Valuation Division's Office
from the time when the landowner of land so appraised is first
contacted to determine if he will sell his property to the City of St.
Paul on the basis of such appraisals, and be it
FURTHER R.ESOLVED,That the foregoing right to public inspec-
tion and review not be limited and the owners of other properties
. contemporaneously being acquired have the right, as members of
S the public, in inspecting and reviewing the same.
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.� -r" a ADMINISTRATIVE CODE ,
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-� ' ' BE IT FURTHER RESOLVED,That any claim of confidentiality
�;�, under the Lawy�erlClient privilege pertaining to this procedure is
:.:�- herebv waived.
•.... '
- BE IT FURTHER RESOLVED, That copies of this resolution be
'`' •'�� forwarded to the City Administrator and the Finance and Man-
� ' " - agement Services Department head.
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- ��� � GOVERNMET1T DATA PRACTICES GOY;
§ 13.46
� Library References � � � Deriv�
�� Becords�58. Iaw
� � CJ.S. Records § 36. _ �
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' � 13.52,
' �1� ` � DATA MAINTAINED ONLY BY POLITICAL SUBDIVISIONS � An,
�, 1 the a
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,�!'. Library Refennces � defer
' I: Records�1. �
CJ.S. Records § 1. +
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� � � Deriv�
i. �.� 13.50. Appraisal data I,av�
�: � � � Subdivision 1. Confidential data. Estimated or appraised values of individual par- I
cels of_real property which are made by personnel of the state, its agencies and � 13.53,
.I��., ,,
( �� , departments, or a political subdivision or by independent appraisers acting for the state,
�� � �' its agencies and departments, or a political subdivision for the purpose of acquiring land � ThE
��';: through purchase or condemnation are class�ed as confidentaal data on individuals study
t . I pursuant to section 13.02, subdivision 3. � ; P�l
�'� � Subd. 2. Public data. The data made confidential by the provisions of subdivision 1 � place:
;�; I shall become public upon the occurrence of any of the following: ; Sa�E
� (a) The negotiating parties exchange appraisals; +
i�:" (b) The data are submitted to a court appointed condemnation commissioner, Derrv;
, �.
_ i , (c) The data are presented in cowrt in condemnation proceedinga; or • ' �"
��, (d) The negotiating parties enter into an agreement for the purchase and sale of the : 13.54,
- - P�Pem'• .
Amended by Laws 1983, c. 143, § 1. � SL�
- publi+
� • Historical Note The 1985 amendment included the state, its Su;
Derivation: agencies and departments in subd. 1. housi
Laws 1982, c. 545, §� 21, 24. Librar�Refcnnees 3: Co
�� StSupp., 1981, § 15.806. Criminal I.aw s�122`�. ed as
- I : Lawa 1981, c. 311, § 39. CJ.S. Criminal I.sw 4 2008 et gecl• defer.
_ �i;. , ' ' O�10E
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�!��� � ,' Subdivieion 1. Generally. The following data collected, created and main ' ed by
f� political subdivisions are classified as priv�te,pussuant to section 13.02, au ' ion 12,or eontr
,�- t ti� l
` � nonpublic depending on the.content of the specific data:. - Sul
' �; � I . . . 4 : . . .
�.:;� Data contained on sales sheets received from private multipl ' g serviee organiza- : - bY t�
' � tions where the contract with the organizations require e political subdivision to } .. 13.42
' refrain from maldng the data available to the public. �' �n�
_ tb :, . , the c�
-:k �' i.;� ; $u b d. 2: - I n c ome pro p e r t y assessment data. e following data coUected by politicsl �f e r
_ � ,,j�' ' . subdivisions from individuals or busine ntities concerning income properties are
�r. � - � classified as private or nonpublic data uant to section 13.02, subdivisions 9 and 12: ���
� ' '. (a) Deta7ed income and ezpe figures tor the curre�t yeaz plus the grevious three
Su
; ; I Y�; ` - housi
�'' (b) Average vacan aetors for the previous t.�iree years; � all d
. �: i -
�-1-- ` t (c) Verified rentable areas or net t�sable areaa� whichever is appropriate; PropE
� (d) capated income and expenses for the current year; and - , - p��
i Pron�
�~ vacanc factor for
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A G E N�q M A T E R I A L S
_______�"____________________
COUNCIL ID4� � � DATE RECEIVED �01� '
AGENDA DATE AGENDA ITEM 4�
SUBJECT � �
ORIGINATOR . CONTACT S�
RESEARCH STAFF ASSIGNED �J, (-� � DATE SENT TO CLERK 1�`7'--
COUNCIL ACTION
MASTER FILE INFO AVAILABLE �-Z�i�- ���� �
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ORD'/RESOL. �� DATE FILE CLOSED
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